S*0913(Rat #0532, Act #0498)  General Bill, By Lander, Giese and J.V. Smith
 A Bill to amend Section 27-40-410, Code of Laws of South Carolina, 1976,
 relating to the South Carolina Residential Landlord and Tenant Act, landlord
 obligations and security deposits and prepaid rent, so as to delete certain
 language, and provide, among other things, for "security/rental" deposits and
 that upon termination of a tenancy, property or money held by a landlord as
 security must be returned less amounts withheld by the landlord for accrued
 rent and damages which the landlord has suffered by reason of the tenant's
 noncompliance with Section 27-40-510; and to amend the 1976 Code by adding
 Section 39-20-49 so as to provide that the owner of a self-service storage
 facility may require of a person laying claim to any of the contents of the
 self-service storage facility that the claimant pay to the owner all unpaid
 rents due for the use of the facility before taking possession of the
 contents, and provide that the owner is not responsible for any property taxes
 that may be due on any contents that have been in storage in the
 facility.-amended title

   12/06/93  Senate Prefiled
   12/06/93  Senate Referred to Committee on Judiciary
   01/11/94  Senate Introduced and read first time SJ-36
   01/11/94  Senate Referred to Committee on Judiciary SJ-36
   03/16/94  Senate Committee report: Favorable Judiciary SJ-9
   03/17/94  Senate Read second time SJ-36
   03/23/94  Senate Read third time and sent to House SJ-15
   03/24/94  House  Introduced and read first time HJ-7
   03/24/94  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-7
   05/04/94  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-11
   05/25/94  House  Amended HJ-19
   05/25/94  House  Read second time HJ-21
   05/26/94  House  Read third time and returned to Senate with
                     amendments HJ-38
   05/31/94  Senate House amendment amended SJ-95
   05/31/94  Senate Returned to House with amendments SJ-95
   06/01/94  House  Concurred in Senate amendment and enrolled
   06/02/94         Ratified R 532
   07/14/94         Signed By Governor
   07/14/94         Effective date 07/14/94
   07/26/94         Copies available

AN ACT TO AMEND SECTION 27-40-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, LANDLORD OBLIGATIONS, AND SECURITY DEPOSITS AND PREPAID RENT, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, FOR "SECURITY/RENTAL" DEPOSITS AND THAT UPON TERMINATION OF A TENANCY, PROPERTY OR MONEY HELD BY A LANDLORD AS SECURITY MUST BE RETURNED LESS AMOUNTS WITHHELD BY THE LANDLORD FOR ACCRUED RENT AND DAMAGES WHICH THE LANDLORD HAS SUFFERED BY REASON OF THE TENANT'S NONCOMPLIANCE WITH SECTION 27-40-510; AND TO AMEND THE 1976 CODE BY ADDING SECTION 39-20-49 SO AS TO PROVIDE THAT THE OWNER OF A SELF-SERVICE STORAGE FACILITY MAY REQUIRE OF A PERSON LAYING CLAIM TO ANY OF THE CONTENTS OF THE SELF-SERVICE STORAGE FACILITY THAT THE CLAIMANT PAY TO THE OWNER ALL UNPAID RENTS DUE FOR THE USE OF THE FACILITY BEFORE TAKING POSSESSION OF THE CONTENTS, AND PROVIDE THAT THE OWNER IS NOT RESPONSIBLE FOR ANY PROPERTY TAXES THAT MAY BE DUE ON ANY CONTENTS THAT HAVE BEEN IN STORAGE IN THE FACILITY.

Be it enacted by the General Assembly of the State of South Carolina:

Property money held by landlord as security; provisions changed; etc.

SECTION 1. Section 27-40-410 of the 1976 Code is amended to read:

"Section 27-40-410. (a) Upon termination of the tenancy, property or money held by the landlord as security must be returned less amounts withheld by the landlord for accrued rent and damages which the landlord has suffered by reason of the tenant's noncompliance with Section 27-40-510. Any deduction from the security/rental deposit must be itemized by the landlord in a written notice to the tenant together with the amount due, if any, within thirty days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address, the tenant is not entitled to damages under this subsection provided the landlord (1) had no notice of the tenant's whereabouts and (2) mailed the written notice and amount due, if any, to the tenant's last known address.

(b) If the landlord fails to return to the tenant any prepaid rent or security/rental deposit with the notice required to be sent by the landlord pursuant to subsection (a), the tenant may recover the property and money in an amount equal to three times the amount wrongfully withheld and reasonable attorney's fees.

(c) If a landlord (1) rents more than four adjoining dwelling units on the premises, and (2) imposes different standards for calculating security/rental deposits required of different tenants on the premises, then, prior to the consummation of the rental agreement, the landlord shall either post in a conspicuous place on the premises, or at the place at which rental is paid a statement clearly indicating the standards by which such security/rental deposits are calculated, or shall provide each prospective tenant with a statement setting forth the standards. If a landlord fails to comply with this subsection as to a tenant, the difference between the security/rental deposit required of the tenant and the lowest security/rental deposit required of any other tenant of a comparable dwelling unit on the premises is not subject to deductions for damages by reason of the tenant's noncompliance with Section 27-40-510.

(d) This section does not preclude the landlord or tenant from recovering other damages to which he may be entitled under this chapter or otherwise.

(e) Subject to the provisions of Section 27-40-450, the holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section."

Self-service storage facility; person claiming contents to make certain payments; etc.

SECTION 2. The 1976 Code is amended by adding:

"Section 39-20-49. The owner of a self-service storage facility may require of a person laying claim to any of the contents of the self-service storage facility that the claimant pay to the owner all unpaid rents due for the use of the facility before taking possession of the contents. The owner is not responsible for any property taxes that may be due on any contents that have been in storage in the facility."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 14th day of July, 1994.